Illinois Employment and Labor Laws

Keeping up with state employment and labor laws can substantially complicate compliance efforts. Here’s what employers in Illinois need to know.

Illinois employment and labor laws blend federal standards with state-specific requirements to govern key topics, ranging from wages and paid leave to workplace rights and safety. Such laws help define employer responsibilities and support fair treatment for workers across the state.

When it comes to talent and workforce management, Illinois-based employers need to comply with the following state employment laws:

Pay transparency and equity
Final paychecks and PTO payouts
Paid leave and work breaks
Workplace health and safety
Anti-discrimination and harassment

The below information was last updated May 7, 2025. It is not intended as legal advice. Also, unless otherwise noted below, the following laws predominantly apply to the private sector.

Illinois Labor Laws

A subset of employment law, labor law focuses on the relationships between employers, employees, and labor unions, particularly in the context of collective bargaining and workplace rights.

Central to US labor law is the National Labor Relations Act (NLRA), which protects employees’ rights to organize, join unions, and negotiate working conditions while restricting unfair labor practices. Still, states can enact additional laws, such as Right-to-Work statutes, that influence union membership and dues requirements.

Is Illinois a Right-to-Work State?

Right-to-work states prohibit employers from requiring union membership or dues as a condition of employment (a.k.a. union security agreements).

Illinois currently has no right-to-work laws or regulations. Although, under section 14(b) of the National Labor Relations Act (NLRA), Illinois can pass a right-to-work law in the future if it chooses.

Illinois Employment Laws

Employment law governs the individual rights of employees and their professional relationship with their employers, such as working hours, fair wages, anti-discrimination protections, and workplace safety.

Illinois Wage Laws

Illinois Minimum Wage	The state of Illinois uses its own minimum wage rate of $15.00, including a tipped minimum wage rate of $9.00 for employees who earn tips with their base pay. Note: Illinois also has local minimum wage laws and provisions for minors and employees working in certain industries.
Illinois Overtime Pay Laws	According to state law, overtime pay in Illinois is calculated at one and one-half times the employee’s regular pay rate for hours worked that exceed forty hours in a workweek. However, Illinois has exemptions for workers in certain industries and with certain classifications.
Illinois Pay Equity Law	Under the Equal Pay Act of 2003, all employers in Illinois must pay equal wages to men and women for doing the same or substantially similar work, requiring equal skill, effort, and responsibility, under similar working conditions for the same employer in the same county, except if the wage difference is based upon a seniority system, a merit system, a system measuring earnings by quantity or quality of production, or factors other than gender. It also prohibits employers from paying African-American employees less than non-African-American employees for the same or substantially similar work.
Illinois Pay Transparency Law	In January 2025, Illinois amended its Equal Pay Act of 2003 and became one of 14 states (plus Washington D.C.) to have pay transparency laws. Under this law, employers with 15 or more employees must disclose, in all job postings, the “pay scale and benefits” they expect to offer for the position, including the wage or salary (or wage or salary range), a general description of benefits, and other forms of compensation, such as bonuses, stock options, and other incentives. Furthermore, Illinois requires any private employer with 100 or more employees in the state to obtain an Equal Pay Registration Certificate (EPRC) by submitting an application to the Illinois Department of Labor (IDOL) with certain pay, demographic, and other data.
Illinois Final Paycheck Law	In Illinois, employees who voluntarily resign must receive their final paycheck immediately or by the next regular payday if immediate payment isn’t possible. Involuntarily terminated employees must receive their final paycheck either at the time of separation or by the next regular payday if it isn’t possible to provide a check at the time of separation.
Illinois PTO Payout Laws	Illinois currently requires employers to pay out accrued, unused vacation time at termination of employment. It does, however, allow the use of "use-it-or-lose-it" policies if employees have a reasonable opportunity to use the vacation time and take notice of the policy.

Illinois Leave Laws

Illinois Paid Sick Leave (PSL)	Illinois currently requires employers to provide employees with 40 hours of paid, protected leave under its Paid Leave for All Workers Act. This act applies to all employers and employees in Illinois with limited exceptions. Eligible employees can accrue one hour of leave for every 40 hours worked. Note, Illinois also has several local paid leave and/or paid sick leave programs, each with its own requirements.
Illinois Paid Family and Medical Leave (PFML)	Illinois currently has no PFML laws or regulations. However, employers with 50 or more employees must still comply with the federal Family and Medical Leave Act (FMLA), which provides eligible employees up to 12 weeks of unpaid leave every 12 months for various reasons.
Illinois Maternity Leave	Illinois doesn't have a maternity leave law, as this type of leave is an employer-provided benefit. Employees typically rely on a separate type of employer-provided leave, the federal Family and Medical Leave Act (FMLA), or a state-mandated PFML program to obtain maternity leave.
Illinois Voting Leave Law	Under Illinois' state voting leave law, Illinois-based employers must provide employees with up to two hours of paid leave to vote in an election if the employee’s working hours begin less than two hours after the opening of the polls and end less than two hours before the closing of the polls.

Illinois Workplace Health and Safety Management

All states must comply with federal health and safety standards overseen by the Occupational Safety and Health Administration (OSHA).

Illinois, however, also adopted and imposes additional, OSHA-approved regulations for public employees that are identical to those federal standards. Illinois’ State OSHA Plan is overseen by Illinois OSHA.

Illinois Work Break Laws

Illinois' state meal and rest break law requires employers to provide a 20-minute unpaid meal break for employees working seven and a half or more continuous hours, which employees must take no later than five hours after the start of the shift. An additional 20-minute meal break must be permitted if an employee works a 12-hour shift or longer.

Illinois also requires at least 24 hours of rest every seven consecutive days.

Illinois Harassment and Workplace Discrimination Laws

As described by the Illinois Human Rights Act, employers in Illinois are prohibited from discriminating against employees based on:

Race
Color
Religion
Sex
National Origin
Sexual Orientation

Ancestry
Age
Martial Status
Disability
Military Status
Pregnancy

Moreover, the Illinois Human Rights Act also requires employers to comply with specific anti-harassment mandates. Employers, for example, have a duty to maintain a workplace free from harassment and must take prompt and appropriate corrective measures when they become aware of it.

Finally, Illinois also requires employees to complete training courses on sexual harassment. All employers with employees working in Illinois must provide sexual harassment prevention training at the time of hire and annually thereafter.

Other Illinois Employment Laws

Illinois Non-Compete Agreement Laws	Illinois is one of several states that limit the use of non-compete agreements. The Illinois Freedom to Work Act and its amendments essentially bar non-competes between employers and low-wage earners.
Illinois Retirement Plan Laws	Illinois is one of a handful of states with a mandatory retirement plan law. The Illinois Secure Choice Retirement Savings Program requires employers that have been in business for at least two years with five or more employees in every quarter of the previous calendar year that do not offer a qualified retirement plan to register and facilitate employee access to the state-run savings program.
Illinois Pre-Employment Inquiries Laws	Under the Illinois Employee Credit Privacy Act, employers are prohibited from using an individual's credit history or credit report to make employment decisions, including hiring, recruiting, or termination. The Illinois Human Rights Act prohibits employers from asking about criminal history on initial applications and limits when background checks can be performed. Employers can't use a criminal record as a reason to refuse an interview or offer of employment without first considering the specific job and the individual's situation.
Illinois Lactation Laws	Under the Public Act 100-1003, Illinois employers with more than five employees must support breastfeeding employees by providing reasonable break time and a space (other than a bathroom) to pump at work.
Illinois Workplace Privacy Laws	Per Illinois’ Right to Privacy in the Workplace law, employers are encouraged to review and understand their legal responsibilities regarding the use of E-Verify. For example, the act prohibits the misuse of E-Verify and places certain training and recordkeeping requirements on employers.
Illinois Layoff Laws	As regulated by its Department of Commerce and Economic Opportunity, Illinois requires employers to provide notice of a mass layoff trigger that differs from the federal WARN Act

This information is provided as a courtesy and may be updated at any time. It is not intended as legal guidance. If you have questions or concerns, we encourage you to seek the advice of a qualified employment or labor attorney or advisor.

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